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Posted on 09/10/2026 9:32:43 AM PDT by DFG
A federal appeals court on Thursday compared the Trump administration's sweeping immigration detention policy to some of the darkest chapters in United States history, including the World War II internment of Japanese Americans, as it ruled that longtime undocumented immigrants are entitled to bond hearings while fighting deportation.
In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit rejected the administration's argument that millions of immigrants who entered the country unlawfully could be held in mandatory detention without access to bond hearings. The ruling adds to a growing split among federal appeals courts that could ultimately force the Supreme Court to resolve the issue.
Writing for the majority, Judge Berner, a Biden appointee, said the government's interpretation of federal immigration law raised profound concerns because it could subject millions of people living in the U.S. to detention without bond. Judge Barbara Milano Keenan, an Obama appointee, joined the opinion, while Judge Allison Jones Rushing, appointed by President Donald Trump, dissented.
"Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country's history," Berner wrote. The judge pointed to the detention of Chinese immigrants under the Geary Act in the 1890s and the wartime internment of Japanese Americans, noting that nearly 120,000 people were sent to internment camps during World War II.
"The stain of these detentions on our nation—and the judiciary's abdication of its obligation to protect basic freedoms—continues to haunt us," the opinion said.
The court argued that those historical detention programs were "limited in scope" compared with the detention authority the government claimed Congress created through a disputed interpretation of immigration law. "We decline to do so," the judges wrote.
(Excerpt) Read more at newsweek.com ...
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“Federal” judges.
Is the a nationwide injunction? SCOTUS already ruled against these. Why aren’t the Supremes slapping this down and disbarring the judge?
“haunt us” seems a tad overly emotional for a ruling that it meant to be based on the law.
Yes, and we got through that.
Camp occupants were probably less affected than we US Citizens are today (regulations, “Fed” Judges, Flock, etc.).
As I recall the Japanese Americans that were forced into internment camps broke no American laws. Those in ICE holding are criminal illegal aliens awaiting deportation so yes they are being held in facilities. Next this Jack@ss will be comparing this to the Holocaust😡
They should be taken right from the point of their arrest to a military base, face the wheel of which country they're getting deported to, and once all the bets are in and the results are posted - goodbye.
We have no obligation to deport them to countries they claim to be from. Deport them anywhere. Do it by lottery on television. It can be like 'The Running Man'.
"Maybe they'll go to Ukraine. Maybe they'll go to Afghanistan, Iran, or Haiti. Place your online bets before we spin the wheel and find out."
“including the World War II internment of Japanese Americans”
Of course that right there proves the absurdity of the comparison....the Japanese citizens liberal hero FDR forced into camps were in fact Americans...
ICE detention centers are full of criminals who illegally entered the United States and are not Americans...
but carry on....
Hey I have a GREAT idea, how about ICE send some murderers to that judge’s house, let him take care of them, feed them, clothed them, and see how he likes it
BUT BUT they vote DEMOCRAT and that is ALL THAT MATTERS, besides those illegals are not killing any member of THEIR family so its fine..ya know what, I know this sounds bad, but if an illegal alien killed one of theirs, just so they can feel it, I wonder how they would respond
They are here illegally, they are criminals and being rounded up and held for deportation - house them at those liberal government houses who allowed them in in droves.
Obviously the judge was at the internment camps during WW11. Perhaps life on the bench is extreme for logical thinking.
BLOAT
Yep.
Newsweak needs to improve their research or stop getting orders from the DNC
The Chinese and Japanese citizens had done nothing wrong. These ILLEGALS did...................
Internment camps were for people in this country legally while we were at war against their country of origin. ICE camps are for invaders who are not here legally.
The judges who can't grasp this distinction Judge Berner and Judge Barbara Milano Keenan, need to be disbarred, and possibly charged with giving aid and comfort to invaders.
Those held in Japanese WWII internment camps were mainly American citizens!
2026 Illegals are not! They are doing us harm. Deport them!
As I recall the Japanese Americans that were forced into internment camps broke no American laws.
We demanded the return of OUR citizens too, and they were put in camps.
A federal appeals court on Thursday compared the Trump administration’s sweeping immigration detention policy to some of the darkest chapters in United States history
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If this is deemed amongst the “darkest chapters”, then we truly have a class of milquetoast judicial leaders attempting to “enlighten” us.
FDR put Japanese-Americans in internment camps. According to Chat, about two-thirds were American citizens.
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